Ford Motor Co. v. Dickens

700 S.W.2d 484, 1985 Mo. App. LEXIS 3769
CourtMissouri Court of Appeals
DecidedOctober 8, 1985
Docket49496
StatusPublished
Cited by12 cases

This text of 700 S.W.2d 484 (Ford Motor Co. v. Dickens) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ford Motor Co. v. Dickens, 700 S.W.2d 484, 1985 Mo. App. LEXIS 3769 (Mo. Ct. App. 1985).

Opinion

GARY M. GAERTNER, Judge.

Employer Ford Motor Company appeals an award of the Labor and Industrial Relations Commission holding respondent’s heat-related injuries compensable under the Missouri Workers’ Compensation Law, § 287.010- 855, RSMo 1978, as amended. We affirm.

On July 20, 1983, at approximately 11:00 p.m., respondent suffered a heat stroke while working at the Ford Motor Company plant in Hazelwood, Missouri. On this date, the St. Louis area was in the midst of a heat wave during which the official temperature climbed above 90 degrees for thirteen consecutive days. As a result of the heat stroke he suffered, respondent is permanently and totally disabled.

After receiving medical attention, respondent filed a claim for compensation with the Division of Workers’ Compensation. The case proceeded to a hearing before an administrative law judge which resulted in an award on hearing holding that respondent did not sustain a compensable injury because respondent had failed to prove that he was subjected to a greater hazard from the heat than was the general public.

Respondent then appealed the administrative law judge’s order to the Labor and Industrial Relations Commission. On November 29, 1984, the Commission issued its final award, reversing the administrative law judge’s decision and holding that re-sponden-; had suffered a compensable injury under the Missouri courts’ current interpretation of the Missouri Workers’ Compensation statute. Appellant then appealed directly to this court pursuant to § 287-495.1 RSMo (Supp.1983).

The main issue presented on appeal is whether the Labor and Industrial Relations Commission erred in determining that respondent’s heat stroke constituted a com-pensable injury under the Missouri Workers’ Compensation statute. Appellant contends: (a) that the evidence before the Commission was insufficient to support a finding that the injury was job related; (b) that the evidence was not conclusive that the heat stroke was caused by respondent’s job and not by the heat wave in general; (c) that an affirmance of the Commission’s decision would improperly overrule previous Missouri heat exhaustion case law; and (d) that despite the interpretation the Missouri courts currently give the Workers’ Compensation statute, a claimant still must show that his job exposed him to a greater heat hazard than that to which the general public was exposed. Finding none of these contentions persuasive, we affirm the Labor and Industrial Relations Commission’s award.

Appellant’s claims of error are based upon the contention that the record before the Commission was insufficient to satisfy the test for finding a compensable accident. The test, as set out in Wolfgeher v. Wagner Cartage Service, Inc., 646 S.W.2d 781 (Mo. banc 1983), and its progeny, requires that there be substantial evidence in the record to support a finding of “job relatedness.” The job relatedness test does not require that the injury result from any abnormal or unexpected strain, or from a slip and fall: “Where the performance of the usual and customary duties of an employee leads to physical breakdown or a change in pathology, the injury is compensable.” Id. at 784. See also Wynn v. Navajo Freight Lines, Inc., 654 S.W.2d 87, 89, (Mo. banc 1983).

Appellant first contends that the evidence presented was insufficient to support such a finding because the record contains no evidence of a causal connection between respondent’s work and the heat stroke he suffered. There was, however, evidence in the record that respondent was wearing full length coveralls, safety shoes, *486 safety glasses and cotton gloves on the night of the injury. Appellant recommended, but did not require, that employees working on the frame line wear these articles for their own protection. A doctor who examined respondent testified that the heavy clothing worn by respondent was a factor contributing to the heat stroke in that the clothing reduced his ability to radiate heat and lower his body temperature.

Also, there was evidence in the.record that respondent’s duties as a frame line operator included a degree of physical exertion. His job was to operate an electronic hoist which lifts each car frame onto the assembly line with the operator guiding the frame into place. He would then manually place two five-pound pieces of metal on each frame. This process was to be executed repeatedly throughout a work shift.

We hold that given this evidence, the Labor and Industrial Relations Commission had sufficient basis for its finding that the heat stroke was job related. The clothes respondent wore on the job, combined with the physical nature of his work, are sufficient to establish a causal connection between the performance of his duties and the heat stroke he suffered.

Appellant secondly contends that the Commission erred in awarding compensation in that the evidence presented was not conclusive that respondent’s work — not the heat wave in general — caused respondent’s injury. Appellant cites Seabaugh v. Garver Lumber Mfg. Co., 355 Mo. 1153, 200 S.W.2d 55 (banc 1947) for the proposition that, in the instant case, respondent had to prove that his work was the cause of the injury, not merely one of two or more possible causes.

Whether or not this was ever the law in Missouri, it is not the law today. Wolfgeher and its progeny establish that the Commission must find that the injury was job related. It is not, however, necessary for the court to find that the claimant’s work was the sole or primary- cause of the injury.

In Wynn v. Navajo Freight Lines, Inc., 654 S.W.2d 87 (Mo. banc 1983), for example, the court affirmed the Commission’s holding that a heart attack suffered by a truck driver while he was on the job constituted a compensable injury. The court stated that,

[e]ven though Wynn was in poor health, had a pre-existing heart condition, did not take good care of himself, and might have succumbed to a fatal heart attack while off work, possibly caused by different sorts of stress, the right to compensation should exist if the actual triggering causes are found, on the basis of substantial evidence, to meet the “job related” or “work related” test of Wolf-geher.

Id. at 89-90.

In the' - instant case, the Commission found that respondent’s “body temperature was raised abnormally high, to 108 degrees, directly as a result of his work in a hot factory, while wearing clothing which inhibited his body’s ability to radiate the heat.” Although external or “non-job related” factors, such as the heat wave in the St. Louis area and respondent’s prior physical condition are factors to be considered in determining if the injury was compensable, on review this court cannot overturn a Commission’s award merely because such external factors exist.

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Bluebook (online)
700 S.W.2d 484, 1985 Mo. App. LEXIS 3769, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ford-motor-co-v-dickens-moctapp-1985.